Designing Pedestrian Facilities for Accessibility - …

1 Designing Pedestrian Facilities for Accessibility Laws, Regulations and Pedestrian Characteristics ACECNJ/NJDOT/FHWA 2013 DESIGN SUMMITJohn H. Miller, PE - FHWAD esigning Pedestrian Facilities for AccessibilityLegal Background Architectural Barriers Act (ABA - originated 1968) Rehabilitation Act (1973) Section 504 (49 CFR Part 27) Civil Rights Restoration Act (1987) Americans with Disabilities Act (ADA) (1990)MAY 2013 Designing Pedestrian Facilities for AccessibilityFive Titles of ADAT itle I EmploymentTitle II State & Local Governments (28 CFR Part 35)Title III Public Accommodations (retail, commercial, sports complexes, movie theaters, et al) (28 CFR Part 36)Title IV TelecommunicationsTitle V Misc., including requirements for the Access Board to develop designguidelinesMAY 2013 Designing Pedestrian Facilities for AccessibilityTitle II - State and Local GovernmentsBasic Requirements: must ensure that individuals with disabilities are not excluded from programs, services and activities ( Pedestrian Facilities are an example of a program)MAY 2013 Designing Pedestrian Facilities for AccessibilityTitle II State and Local GovernmentsBasic Requirements.

2 Designate an ADA Coordinator Development & postings of an ADA Policy Statement Development & postings of Grievance Procedures/Complaint Procedures Complete a self-evaluation Development of a Transition PlanMAY 2013 Designing Pedestrian Facilities for AccessibilityTransition Plan Elements Identify/list physical obstacles and their location Describe in detail the methods the entity will use to make the Facilities accessible Provide a schedule for making the access modifications Provide a yearly schedule if the transition plan is more than one year long Name/position of the official who is responsible for implementing the Transition PlanMAY 2013 Designing Pedestrian Facilities for AccessibilityTransition Plan ElementsPedestrian right-of-way Facilities .

3 Curb ramps (required) Sidewalks Parking lots Pedestrian signals Bus stops Shared use trails Parks/recreational facilitiesMAY 2013 Designing Pedestrian Facilities for AccessibilityTitle II New ConstructionNew Construction 28 CFR New construction (and altered Facilities ) must be designed and constructed to be accessible to and usable by persons with disabilitiesMAY 2013 Designing Pedestrian Facilities for AccessibilityTitle II - AlterationsAlterations 28 CFR DOJ and court decisions consider roadway resurfacing an alteration (1993) Roadway resurfacing triggers requirement for curb ramp installations/retrofits (to current standards)MAY 2013 Designing Pedestrian Facilities for AccessibilityTitle II Existing FacilitiesExisting Facilities 28 CFR for structural modifications and program access is a level of usability that balances.

4 User needs Constraints of existing conditions Available resourcesMAY 2013 Designing Pedestrian Facilities for AccessibilityTitle II - Existing FacilitiesAlterations to existing Facilities must meet minimum design standards to the extent practicable to do soMAY 2013 Designing Pedestrian Facilities for AccessibilityTitle II Existing FacilitiesUndue Burden 28 CFR (a)(3) Based on all resources available for a program Claims must be proven and accompanied by a written statement of reasons and signed by the head of the public entity What constitutes undue burden will often be decided in courtsBEFOREAFTERMAY 2013 Designing Pedestrian Facilities for AccessibilityTitle II Maintaining Accessibility28 CFR State & local governments must maintain the accessible features of Facilities in operable working conditions Maintenance examples.

5 Sidewalks that are in disrepair, overgrown landscaping, snow accumulation, broken elevator, work zone Accessibility (if construction activity affects Pedestrian Facilities provide alternate route if more than temporary disruption)MAY 2013 Designing Pedestrian Facilities for AccessibilityADA Accessibility Guidelines (ADAAG) Developed primarily for buildings & on-site Facilities Do not address all situations (especially those that are unique to the public right-of-way)MAY 2013 Designing Pedestrian Facilities for AccessibilityPublic Right-of-Way Accessibility Guidelines (PROWAG) Originally intended to supplement the ADAAG to provide standards specific to public rights-of-way; most recently formatted as a stand-alone document Applicable to new construction and alterations (of existing Facilities ) Undergoing the rulemaking process (2011 Notice of Proposed Rule Making published w/ updated guidelines.)

6 MAY 2013 Designing Pedestrian Facilities for AccessibilityEquivalent FacilitationDepartures from particular technical and scoping requirements of this guideline by the use of other designs and technologies are permitted where the alternative designs and technologies used will provide substantially equivalent or greater access to and usability of the 2013 Designing Pedestrian Facilities for AccessibilityIssues in draft PROWAG not adequately addressed in ADAAG Pedestrian Access Route ( , allows sidewalk running slope to match roadway grade) Curb ramps more design options Detectable warnings Crosswalks APS (Accessible Pedestrian Signals) On-street parking RoundaboutsMAY 2013 Designing Pedestrian Facilities for AccessibilityReferences Title II of ADA, with analysis Public Rights-of-Way (PROWAG) Notice of Proposed Rule Making, July 26, 2011 FHWA memo Clarification of FHWA s Oversight Role in Accessibility , September 12, 2006 AASHTO Guide for Planning, Design, and Operation of Pedestrian Facilities Public ROW Access Advisory Committee s Report on Accessible Public ROW Planning & Designing for Alterations July 2007 2013 ACECNJ/NJDOT/FHWA DESIGN SUMMITC hrystal SectionNew Jersey Department of TransportationMay 21, 2013 ADA has impacted case law that significantly shapes budgets, alterations and how improvement contracts are structured.

7 Major cases to be aware of Kinney v. Yerusalim (1993) Barden v. Sacramento (2004) CDR v. Chicago (2007) CDR v. Caltrans (2008) CDR v. Caltrans (2009 settlement agreement) 1993 Court Appeals for the Third Circuit Established alteration City of Philadelphia was resurfacing streets but not installing curb ramps Court established broad definition of alteration 2004 Beyond curb ramps- removal of barriers, narrow pathways, abrupt level changes, excessive slopes, overhanging obstructions and improvement of crosswalk access 20% of annual Transportation Fund for 30 years allocated to make Pedestrian ways accessible Upgrade to ramps as part of alterations would be outside of the 20% Will spend $50,000,000 over the next 5 years ($10,000,000 per year)

8 In new money to repair or replace curb ramps and sidewalks $18,000,000 each year installing curb ramps and sidewalks The City shall install curb ramps at intersections of each cross street at its intersection with the alteration or resurfacing so that altered or resurfaced intersections are fully accessible to mobility-impaired persons with disabilities 2008 Californians for Disability Rights v. CA DOT Ninth Circuit Court addressed Sovereign Immunity, finding that ADA s language overrides the 11th Amendment to the Constitution CDR asserted Caltrans failed to survey its 2500 miles of sidewalk and therefore could not know what access barriers exist Lack of a Transition Plan constituted a violation of ADA Settlement agreement filed December 2009-pending court approval $ Billion over 30 years Caltrans will pay $ $ million in court fees $25-$45 million/year commitment Install 10,000 curb ramps Retrofit 50,000 existing ramps Reconstruct hundreds of miles of sidewalk Modify 15,000 intersection Pedestrian crossings (audible signals for the blind and temporary Pedestrian routes)

9 ACECNJ/NJDOT/FHWA DESIGN SUMMITW arren HowardNew Jersey Department of TransportationMay 21, 2013 ADA PRESENTATION (CURB RAMPS)ADA Curb Ramps NJDOT wants curb ramps to be designed & constructed properly Curb ramps are not a new concept Requirements contained in: NJDOT s Standard Construction Details The Roadway Design ManualCorrective Action Notice No. CAN082(Released 6/28/2012): Revised Roadway Design Manual Section Defines project types requiring curb ramps New construction Reconstruction Major rehabilitation Widening Resurfacing Action Notice No. CAN082(Released 6/28/2012): Defines project types exempt from curb ramp construction Roadway Preservation and Preventative Maintenance Projects (These normally do not modify a Pedestrian route) Bridge deck patching Pavement non-structural thin surface overlays Fiber optics Guide rail Signing and striping Compliance - Technically Infeasible, Extent Practicable If ADA compliance is technically infeasible, compliance to the standards shall be to the extent practicable Reasons for providing Accessibility to the extent practicable may include.

10 Impacts not included in the original scope or project limits Limited right-of-way Existing utilities Environmental or historical impacts Roadway profile impactsProper Attention To Curb Ramps Is Vital During The Project Design Phase Designer must visit the project site Difficult/impossible to design from plans aloneProper Attention To Curb Ramps Is Vital During The Project Design Phase must identify/observe constraints: Traffic signal poles Junction boxes Meter cabinets Lighting standards Utility poles Right-of-way Physical characteristics of cornerProper Attention To Curb Ramps Is Vital During The Project Design Phase Identify if a standard curb ramp can be used (7 types) & specify Develop Specific details that are site specificCurb Ramp TypesCurb Ramp Types 1-4 & 7 Curb Ramp Types 5 & 6 Required where sidewalks cross a curb at a street or driveway Where crosswalks encounter dividers or islands, walkway openings or curb ramps are required unless the island nose is relocatedCurb Ramp Requirements Required in order to make all traffic signal Pedestrian pushbuttons accessible, including providing sidewalk up to the Pedestrian pushbutton Two curb ramps are preferred at each corner (where there is a crossing of each roadway), however, one curb ramp constructed at the center of the curb radius is acceptable when warranted by field conditions Detectable Warning Surfaces (DWS)